06 October 2010
New Delhi, India
Law Gives Govt More Teeth To Deal With Liquor–Related Offences
Delhi finally has its own excise Act.
After years of preparation, the Delhi Excise Act 2009 came into effect from Monday. The Act replaces the outdated Punjab Excise Act 1914 and is modelled after the Model Excise Act suggested by the Centre.
The Act brings down the minimum age for serving liquor to 21 years even though the legal age for being allowed to drink remains 25. It also allows women bartenders in five–star hotels.
Delhi finance minister A K Walia said the Act sharpens the teeth of the excise department which will now be able to crack down on instances of spurious liquor being manufactured and put an end to consumption of liquor in public places. The radius around schools and religious places where liquor cannot be sold has now been increased to 100 metres instead of the earlier 75 metres.
The Act says that in case there is any death caused by the mixing of noxious substances with liquor, it will attract the death sentence or life imprisonment along with a fine of Rs 10 lakh. The fine is halved but the jail term is of six years if there is grievous hurt caused by this.
In case of unlawful import, export, manufacture, transport, possession and sale, the earlier Act had provisions for imprisonment up to three years and fine up to Rs 2000. The present Act has provisions for imprisonment between six months and three years and fine up to Rs 1 lakh.
The Punjab Excise Act of 1914, which was applicable to Delhi so far may have been outdated, but what has replaced it doesn’t seem in tune with the times either.
A person can vote and drive at 18, marry at that age if female, now even work as a bartender at 21, but is not allowed to drink till the age of 25. Do we really believe that someone responsible enough to determine who should run this country or set up a family is not mature enough to handle a mug of beer? To call this a model Act is a cruel joke.
When laws are patently absurd, they only encourage violations and disrespect for the rule of law. Keep it simple: at 18 you are an adult and should be deemed mature enough to behave like one in all respects.
Delhi Excise Act Highlights
Minimum drinking age remains at 25 but the age to serve liquor is 21
Fine for consumption of liquor in public place: Rs 5,000, and if a person creates nuisance, the amount doubles and there may be a jail term of three months Penalty for treating denatured spirit for human consumption: Imprisonment of 2–5 years and fine of up to Rs 2 lakh
Compensation for death due to liquor consumption: Rs 3 lakh to kin of deceased, Rs 2 lakh to person with grievous hurt and Rs 20,000 for those with consequential injury Punishment for mixing foreign ingredient in liquor that can cause hurt/death:
In case of death, death penalty or life sentence besides fine of up to Rs 10 lakh; in case of grievous hurt, five years imprisonment to life term with a fine of Rs 5 lakh; in case of minor injury, one–year jail and Rs 2 lakh fine; if no injury, six months imprisonment and Rs 1 lakh fine Selling spurious liquor:
Jail term of up to 6 months and fine of Rs 1 lakh
Penalty for importing liquor without paying duty:
Up to six months in jail and fine of Rs 1 lakh
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